(A) Requirements. The city shall require a compliance inspection of an existing system whenever:
(1) In designated shoreland management or wellhead protection areas, an application for any type of building or land use permit is made;
(2) The city deems a compliance inspection necessary, including, but not limited to, upon receipt of information of a potential ISTS failure or imminent health threat;
(3) An additional bedroom on the property is requested. If a request for an additional bedroom is received between November 1 and April 30, the city may issue a building permit immediately with the contingent requirement that a compliance inspection of the existing ISTS shall be completed by the following June 1 and the applicant submits a certificate of compliance by the following September 30; or
(4) Any addition or remodel of a licensed food, beverage, or lodging establishment or any other establishment where the sewage treatment system’s designed flow may be effected.
(B) Inspector. Only the city or licensed designer I or inspector, shall conduct an inspection when a compliance inspection is required for an existing ISTS.
(C) SSTS built before April 1, 1996. SSTS built before April 1, 1996, outside of areas designated as shoreland areas, wellhead protection areas, or SSTS providing sewage treatment for food, beverage, or lodging establishments must have at least two feet of vertical separation between the bottom of the dispersal system and seasonal saturation or bedrock. The vertical separation measurement shall be made outside the area of system influence in an area of similar soil.
(D) SSTS built after March 31, 1996. SSTS built after March 31, 1996, or SSTS located in a shoreland area, wellhead protection area, or serving a food, beverage, or lodging establishment as defined under Minn. Rules 7080.1100, subp. 84, must have a three-foot vertical separation between the bottom soil infiltrative surface and the periodically saturated soil and/or bedrock. Unless otherwise determined by the city, existing systems that have no more than a 15% reduction to the minimum required 36-inch separation distance are considered compliant, (such as, a separation distance no less than 30.6 inches). This reduction is to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics. The vertical separation measurement shall be made outside the area of the system influence in an area of similar soil.
(E) Abandonment of existing systems. Whenever the use of a SSTS or any system component is discontinued as the result of a system repair, modification, replacement or decommissioning following connection to a municipal or private sanitary sewer, or condemnation or demolition of a building served by the system, further use of the system or any system component for any purpose is prohibited. Abandonment shall be completed in accordance with Minn. Rules 7080.2500.
(F) Inspection reports. A copy of the certificate of compliance or notice of noncompliance resulting from a compliance inspection shall be provided to the property owner and the city within 30 calendar days of inspection.
(G) Certificates of compliance issued by a licensed ISTS Inspector for an existing system shall be valid for three years from the date of the compliance inspection unless the city or licensed inspector identifies the system as an imminent public health threat.
(H) Notice. A notice of noncompliance shall be issued in the following circumstances and the conditions noted in violation of this subchapter shall be remedied as follows:
(1) An ISTS determined to be failing shall be upgraded, replaced or repaired in accord with Minnesota Rules Chs. 7080 or 7081, as they may be amended from time to time, within three years, or its use is discontinued. The city, at its discretion, may grant an extension of an additional two years.
(2) An ISTS posing an imminent threat to public health or safety shall be upgraded, replaced or repaired within ten months. The city will give consideration to weather conditions in determining compliance dates. If an ISTS is determined to be a public health nuisance by the city, the city may order the owner of the ISTS to cease use immediately and not allow use of the ISTS until it is corrected in accordance with the recommendations of the city.
(Ord. 2015-03, passed 2-25-2015) Penalty, see § 51.99